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CITIBANK, N.A. v. BAILEY

965 CA 22-00002.

213 A.D.3d 1324 (2023)

183 N.Y.S.3d 831

2023 NY Slip Op 00777

Citibank, N.A., Not in its Individual Capacity, But Solely as Trustee of NRZ Pass-Through Trust VI, Respondent, v. Arthur Bailey, as Heir to the Estate of David B. Bailey, Appellant, et al., Defendants.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided February 10, 2023.

Attorney(s) appearing for the Case

RUPP BAASE PFALZGRAF CUNNINGHAM LLC, BUFFALO (KYLE C. DIDONE OF COUNSEL), FOR DEFENDANT-APPELLANT.

ROACH & LIN, P.C., SYOSSET (EDWARD RUGINO OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present— Peradotto, J.P., Lindley, Bannister and Montour, JJ.

Appeal from an order of the Supreme Court, Chautauqua County (Lynn W. Keane, J.), entered November 29, 2021. The order, among other things, denied the motion of defendant Arthur Bailey, as heir to the estate of David B. Bailey, insofar as it sought dismissal of the amended complaint against him.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion is granted insofar as it sought dismissal of the amended...

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